Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-06-30
however remotely in commission of this
crime, toe guilt is established.

crime toe guilt is established.
DrIACY IS THE FOUNTAIN HEAD,
and I'll who are proven TO be cunaectel
near ID OF Tar away from the fountain head
are guilty. II DeLacY rectiyed the money
from Richmond and Richmond again
from Sharp, then Sharp is
guilty. If Sharp had guilty
knowledge OF the scheme and assisted, or
abette6 in any way, he is guilty of the
crime changed The defendant Ksked for
trial separately, and if the jury finds that
be is connected with bribery by either Of
the ways specified they must find him
guilty of the crime charged
The testimony cOrrObOratiye Of FlIgraff
was then divulved. Judge Barrett be-
lieyed that it had been clearly shown that
TulgrafT was bribed Who bribed him?
1t the jury believe that DeLaCy bribed
him with SIS, 900, then Of course the jury
must ask Immediately who bribed DeLacy,
for no one can suppose that DeLacy
bribed him on his own account, for he de-
rived no benefit from che passage of the
franchise. ANY person who was behind
DeLacy, who aided or abetted in bribing
Fulgraf, was as guilty az DeLacy. In q
c0rspirasy9 each One is IN agent, and each
a principal.
The story Of the
ISSUANCE OF $5OO,OOO WORTH o. BONDS
was recalled by the court The last of the
money was raised the day before the meet
ing of the committee. The money was IN
large bills, and so large a sum Of money
was unavailable in ITSELF The prosecu-
ton connected all these circumstances.
The money vas never deposited. No en-
tries were made on the books of
the company accounting in detail
for the disposition of that
money until q year afterwards and the
prosecution thought this was proof of
guilt. There was no buildings erected or
land purchased that year and when there
we're, they were paid out of another fund.
There was a discrepancy between the value
of 800 horses at 1925 each, and the $237, 600,
which was the sum entered On the books
as having been paid for them.
Although Mr.. Sharp says he received that
sum from Mr.. Foshay in bills, this does
not show what he did with it. So with an
other item of SIS, 600.
as this consistent with truth and credi-
bility?" asked the Court. IF you find
that Fulgraff was bribed, and that $500, 600
was raised by Kerr and Foshay, and you
come to the conclusion that that sum was
not raised for purposes which appear on
| the books of the road, and that
that sum really went TO the corruption of
the Board of Aldermen; if You find this to
| ha on ond Won hava ohnndapt Iiract and
circumstantial evidence on that point and
you believe that Kerr and FOshay did this
and concealed it from Mr.. Sharp; if you
find they did this because of their own in
terest and, Notwithstanding, the far greater
benefits which Mr.. Sharp was to reap from
it, and Mr.. Sharp was ignorant, then you
must acquit him."
The Judge instructed the jury that they
must not be influenced by the prisoners g
age or infrmIty, nor by the fact that he
did not take the stand in his own defense
The jury then retired, and after an alb
sence of thirteen minutes returned into
Court with the verdict of guilty,
with recommendation to mercy.
the aged prisoners head dropped. He was
removed to Ludlow street jail. Sentence
will be passed July IL. The penalty is
not more than ten years at hard labor, or a
line Of $1,000, or both. A new trial will
| be asked.
The verdict was reached on the first bal
lot. As Sharp stepped TO the walk on his
arrival at the Jail, he said: "Boys, now its
all over, I'll tell you that never gave one
penny to Alderman Fullgraff or any other
Alderman, and had no hand in bribing
Aldermen" With this the old man seem
ed to be calmed down.